[Viva] Fwd: Call for signatories: Stop criminalization people living with HIV

[Denise Becker]

---------- Forwarded message ----------
From: Terry Gould <tgould at aidslaw.ca>
Date: Tue, Jan 24, 2012 at 9:28 AM
Subject: Call for signatories: Stop criminalization people living with HIV
To: Info <info at aidslaw.ca>


** **

*[Please circulate widely]*

* *

*Call for signatories: *

*Stop criminalization people living with HIV*

** **

On February 8, 2012, the Supreme Court of Canada will hear two landmark
cases on the issue of criminalization of HIV non-disclosure in *R v. Mabior*and
*R v. DC*. The Court’s decisions in these two appeal cases will have
profound implications not only for people living with HIV, but also for
Canadian public health, police practice and the criminal justice system.****

** **

We invite Canadian and international organizations and professionals
working on issues related to HIV/AIDS and in the fields of public health
and law to endorse the following statement establishing that people living
with HIV *are not* criminals in cases where the threshold of significant
risk is not met, and calling for the criminal law to be based on the best
available scientific evidence, not on assumptions, prejudice or fear.  *Please
send your signature as you would like it to appear – including your name,
organization, title and geographic location – on the signatory list by
Wednesday, Feb 1st at 5:00 p.m. EST to info at aidslaw.ca.*  If your
organization will sign on in full, please indicate that as well and include
the French translation of your organization’s name if available.  ****

** **

If you are an individual without an organizational affiliation or
professional designation and you would like to also endorse this statement
please do so to the email address above.****

* *

There has been a marked increase in the frequency and severity of criminal
charges for HIV non-disclosure throughout the world.  In
****Canada****alone, more than 130 people living with HIV have been
charged in less than
15 years.  This includes numerous cases in which their activity posed no
significant risk of HIV transmission. Simply put, this is a miscarriage of
justice. ****

** **

*For more information on criminalization of HIV non-disclosure, please
visit http://www.aidslaw.ca/stopcriminalization. *

** **

------------------------****

*Statement:*

* *

*IN ADVANCE OF LANDMARK SUPREME COURT CASE, SUPPORTERS WORLDWIDE CALL ON
CANADA TO STOP CRIMINALIZING PEOPLE LIVING WITH HIV*

** **

*Monday, February 6, 2012* – Canadian criminal law requires people living
with HIV to disclose their status before engaging in behaviour that
involves a "significant risk" of transmitting the virus. Yet people have
been charged, and convicted for not disclosing their status, even though
their activity did not pose a significant risk of HIV transmission. This is
a miscarriage of justice. Further, it has contributed to a climate marked
by anxiety, fear, stigma and misinformation that undermines HIV
counselling, education and prevention efforts. This puts all Canadians at
greater risk.
  ****

On February 8, the Supreme Court of Canada will hear two landmark cases on
this important issue. *We, the undersigned, respectfully ask that the
Court  use this opportunity to explicitly reconfirm that people living with
HIV are not criminals in cases where the threshold of significant risk is
not met – including cases where condoms are used or the HIV positive person
was being successfully treated with antiretroviral drugs. We ask that the
Court instruct lower courts that significant risk must be determined on the
basis of the best available scientific evidence, not on assumptions,
prejudice or fear.*****

** **

*Finally, we call on the provincial and territorial Attorneys General to
follow suit and adopt guidelines to limit prosecutions in cases of HIV
non-disclosure. *These prosecutions are not helpful in putting an end to
this epidemic, and the radical over-extension of the criminal law is
counter-productive and damaging.**

** **
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.resist.ca/pipermail/viva/attachments/20120124/3fa81b57/attachment.html>